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5 Feb 2015

Tas Liberals Dump Controversial Corporate Defamation Law

Hobart Mercury Feb 5 2015
TASMANIA’S Liberal Government has scrapped controversial plans
to restore the
right of companies to sue for defamation.
The proposed law change attracted a
national backlash and the Liberals’ subsequent backdown has
been hailed as a big win for free speech.
In an exclusive interview yesterday, Attorney-General Vanessa
Goodwin said a lack of support from interstate counterparts, public
concern and the Mercury and Sunday Tasmanian’s
concerted campaign on the issue were key reasons behind the
Government’s decision to abandon the laws.
“There isn’t really any appetite to change the law from my
state and territory colleagues,’’ Dr Goodwin said.
“So, bearing that in mind and having listened to the concerns
of community stakeholders, we’ve decided we won’t be proceeding.
“This issue has been pretty well canvassed in the media, thanks
to the Mercury . . . and out and about in the community,
people provide feedback on issues. The Law Society have had their
perspective on it and I’ve received letters from media
stakeholders as well.”

“There isn’t really any appetite to change the law
from my state and territory colleagues.’’

EDITORIAL:
PRUDENCE, NOT POLITICS
Wide-ranging concerns raised included the potential for
corporations to shut down public scrutiny and discussion via
defamation action; the pot­ential for corporations outside of
Tasmania to use this state to take action against stories published
online; and the fact corporations can already sue for injurious
falsehood if bogus claims cause it to suffer loss.PEG
PUTT: SOMETIMES THE TRUTH HURTS
Media Entertainment and Arts Alliance federal secretary
Christopher Warren, whose union represents journalists, was thrilled
to learn of the Government’s change of heart.
“It is a great, sensible result. It will mean that the very
important step we made to get uniform laws remains intact. It’s a
great step forward for free speech,” Mr Warren said.
Dr Goodwin said that as Tasmania had signed an agreement in 2005
for uniform ­national defamation laws, in order to go it alone,
the State Government would have to convince other states of the need
for a change.BRIAN
RITCHIE: TAKE THE LEAD AND ENSHRINE FREEDOM
But other attorneys-general wouldn’t have a bar of it — a
situation Dr Goodwin ­described as a “reality check” that
killed any chance of state-based laws.
“We wanted to protect Tasmanian businesses against false and
misleading campaigns. We wanted to protect Tasmanian jobs, and
that’s what this policy was all about,’’ she said.
“So, there’s disappointment in that sense but there’s also
the reality check of we can’t achieve national consensus on this
so, in that sense, it’s not worth pursuing because we can’t
achieve that aim without the risk of forum shopping.’’
Dr Goodwin acknowledged the backdown was a broken promise but
said it proved the Government had listened.
“I would hope that the community and stakeholders would
recognise that we are a Government that listens and that we are
pragmatic and that where there is the significant concern raised
about a policy and there isn’t broad consensus in terms of support
for a policy that we wouldn’t pursue it,” she said.SUNDAY
INSIGHT: BOUND AND GAGGED
The pledge to restore the right of companies to sue for
defamation had been part of a suite of election promises made by the
Liberals to help rebuild the forest industry.
The business at the centre of the Government’s justification
for the laws was timber veneer manufacturer Ta Ann.
Ta Ann was the target of an international campaign against its
logging practices, a campaign the Government says led to the loss of
40 jobs.
As reported
exclusively by the Mercury on January 6,
the Government remained intent on pursuing a policy that was
beginning to raise alarm bells in the legal community.
The Liberals’ determination to push ahead with the laws sparked
a national backlash, with uni lawyers groups, environmentalists,
high-profile media personalities and Australia’s Human Rights
Commissioner warning the idea was a big mistake.

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